Can child support be amended if my wife will be co-habitating with her girlfriend?
Question Details: I recently went through a divorce. The court determined the child support payments I need to make to my wife based on my income and hers. Now I find out that she has been dating a woman for sometime before the divorce and now plans to have her move in with her and my son who is 13. As they are in a committed relationship and she will be living with my ex-wife, does the girlfriend's income count towards the total household income with my ex-wife's and should the child support payments I am making be adjusted due to this information?
No, while cohabitation can affect spousal support (e.g. alimony), it does NOT affect child support, since the girlfriend (or were your wife to remarry, the new spouse/stepparent) has no legal obligation to support your children (unlike you, who have such an obligation). Since the significant other will not be obligated to spend even $0.01 (one cent) on your children, their income does not affect child support.
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